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<baltimore-city-law heading="Regulation .04 Burden of Proof and Order of Proof.">
  <section prefix="Regulation" num=".04" heading="Burden of Proof and Order of Proof.">
    <para num="A.">The Commissioner or the Commissioner’s designee may revoke a license upon a finding by a preponderance of the evidence that:<para num="(1)">the Owner or lessee of a multi-family dwelling or rooming house has failed to comply with a lawful notice to correct a violation that affects the health, safety, morals, or general welfare of the occupants or general welfare;</para>
      <para num="(2)">the Owner, lessee, or agent of a multi-family dwelling or rooming house has allowed the property to be used for:<para num="(a)">prostitution;</para>
        <para num="(b)">drug activity; or</para>
        <para num="(c)">any other activity that creates or constitutes a nuisance; or</para>
      </para>
      <para num="(3)">the owner or lessee should have known that the premises were being used for prostitution, drug activity or any other activity that creates or constitutes a nuisance and failed to prevent it.</para>
    </para>
    <para num="B.">The order of proof shall be as follows:<para num="(1)">First, all parties present will be introduced and identified.</para>
      <para num="(2)">Second, the Commissioner’s designated attorney will make a brief statement about the purpose of the hearing.</para>
      <para num="(3)">Third, the Commissioner’s designated attorney will present testimony and evidence that shows:<para num="(a)">the Owner or lessee of a multi-family dwelling or rooming house has failed to comply with a lawful notice to correct a violation that affects the health, safety, morals, or general welfare of the occupants or general welfare;</para>
        <para num="(b)">the Owner, lessee, or agent of a multi-family dwelling or rooming house has allowed the property to be used for:<para num="(i)">prostitution;</para>
          <para num="(ii)">drug activity; or</para>
          <para num="(iii)">any other activity that creates or constitutes a nuisance; or</para>
        </para>
        <para num="(c)">the owner or lessee should have known that these premises were being used for prostitution, drug activity, or any other activity that creates or constitutes a nuisance and failed to prevent it.</para>
      </para>
      <para num="(4)">Fourth, cross-examination of the witnesses at the conclusion of each direct examination by the Respondent.</para>
      <para num="(5)">Fifth, re-direct by the Commissioner’s designated attorney.</para>
      <para num="(6)">Sixth, testimony and presentation of evidence may be presented by the Respondent(s).</para>
      <para num="(7)">Seventh, cross-examination of the Respondent(s) and their witness at the conclusion of each direct examination by the Commissioner’s designated attorney.</para>
      <para num="(8)">Eighth, re-direct examination by the Respondent(s).</para>
      <para num="(9)">Ninth, the presentation of closing statements, which shall not exceed ten minutes.</para>
    </para>
  </section>
</baltimore-city-law>
